Revolutionary War Pension and Bounty Land Warrant Application File S. 13,030, John Fitch, Conn.

SERVICE
Conn.
Fitch, John
NUMBER
S. 13.030
CONTENTS

Vermont 18713
John Fitch.
Hindham in the State of Vermont who was a private in the Company commanded by Captain Townsend of the Reg t commanded by Col. Vose in the Conn. m a time for 8 months
Inscribed on the Roll of Vermont. at the rate of 26 Dollars 66 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 27 day of Sept r 1833. and sent to J. Elliott New Haven. Vt
  Arrears to the 4th of Sept r 33  $ 66.66    Transmt. allowance ending 4 Mar. 31,  13.33         $ 79.98  
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Elmwood Clerk. Book E Vol. 3 Page 65

No. 85. Windham Co. Vermont. John Fletcher
Declaration - Rev Pension - Sept. 1832.
13.908.

State of Vermont
District of Marlborough } On this fifth day September A 1832 personally appeared in open court being the Court of Probate within and for the District of Marlboro in the County of Windham and State of Vermont now sitting John Fitch of Dover in the County of Windham and State of Vermont aged sixty eight years who being first duly sworn according to law doth on his oath in the following declaration in order to obtain the benefit of the act of Congress passed June 7th 1832 That he entered the service of the United States under the following named officers and served as hereinafter stated (viz) in the fore part of May 1781 he enlisted into the Company of Captain Townsend of Hebron in the Regt commanded by Colonel Vose at East Windsor in Connecticut for the term of eight months and was marched to the Fresh Kilns and then joined the main Army under General Washington and was then stationed but a short time when he was marched through New Jersey and to the head of Elk river when he was left to take care of some teams and the main Army moved on south he remained at the head of Elk river until the main Army returned from the capture of General Cornwallis then he joined the Army again and was marched back to Hudson River and there was in a short time dismissed by Colonel Vose his term of enlistment having expired he had no written discharge and was in no halting

He further says that he has no documentary evidence and knows of no person whose testimony he can procure who can testify to his service except James Fitch whose deposition accompanies this declaration. He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed the day and year aforesaid
Questions by the Court
1 st When were you born and in what year were you born?
Ans Allentown Connecticut in the year 1764
2 nd Have you any record of your age and if so when is it?
Ans no
3 rd When were you living when called into service when have you lived since and when do you live now?
Ans East Windsor Connecticut in Washington and Dade Vermont where he is
4 th How were you called into service, were you drafted, did you volunteer or were you a substitute, and if a substitute for whom?
Ans I enlisted voluntarily
5 th State the names of some of the regular officers who were with the troops when you served in the Continental and Militia regts as you can recollect and the general circumstances of your service. Ans in the circumstances and details in my declaration the names of the officers mentioned in the declaration
6 th Did you ever receive a discharge if so by whom and what has become of it? Ans not in writing
7 th State the names of the persons in your present neighborhood who can testify to your character for veracity and their belief of your services?

Ans. William H Hodge, & Aaron P. Perry Sworn, and subscribed, the day and year aforesaid We the undersigned Marshall Miller Judge of Probate Residing in the Town of Dover and Aaron P. Perry Residing in the same town hereby certify that we are well acquainted with John Fitch who has subscribed and sworn to the above application and that we believe him to be of the sixty eight years of age that he is reputed and believed in the neighborhood to have been a revolutionary soldier of the revolution and that we concur in that opinion - and that he is reputed in the neighborhood where he resides to be a man of veracity William H Hodge Aaron P. Perry
Sworn, and subscribed, the day and year aforesaid
Marshall Miller Judge of Probate
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Depart- ment, that the above named applicant was a revolution- ary soldier and served as he states - And the Court further certifies, that it appears to them, that Wil- iam H. Hodge, who has signed the preceding certifi- cate, is a clergyman, resident in the said Town of Dover, and that Aaron P. Perry, who has also sign- ed the same, is a resident in the said Town of Do- ver, and is a credible person, and that their statement is entitled to credit.
I James Elliot, Register of the Probate Court within and for the District of Marlbo- rough aforesaid, do hereby certify that the for- going contains the original proceedings of the said Court in the matter of the applica- tion of John Fitch for a Pension.
In testimony whereof I have hereunto set my hand and seal of office this seventh day of September, A. D. 1832.
James Elliot Probate Register.

I Jane Fitch of Wilmington in the county of Windham and State of Vermont aged eighty years testify and say that in the latter part of the Revolutionary war I was at my father's in East Windsor Connecticut and I recalled that at that time my Brother John Fitch talked of enlisting into the army of the United States and as I had been considerably in the secret advised him to enlist for a short time only as he might not like the service, he accordingly enlisted for eight months as I understood and I was, knowing of his going away into the service and recall his returning here in December or January following the time of his enlistment and further the deponent saith not Jesse Fitch
Sworn to and subscribed this fifth day of September 1832 before me John Roberts Justice of the Peace
State of Vermont.
Windham County Court Clerk's Office
New Haven Sept. 6. A. D. 1832.
I certify that John Roberts Esquire is a Justice of the Peace within and for the County of Windham aforesaid, and that the above is his signature.
In testimony whereof I have hereunto set my hand and affixed the Seal of the said Court on the day and year above written James Elliot Clerk.

I John Roberts Justice of the Peace as aforesaid do certify that I am personally acquainted with the John Fletcher who subscribed and made oath to the within affidavit and that his character for truth is unimpeachable
John Roberts Justice of the Peace
State of Vermont Windham County Court Clerk's Office, New Haven, July 11. A. D. 1833.
I certify that John Roberts Esquire is one of the Justices of the Peace within and for the County of Windham aforesaid, and that the within above is his signature. Witness my hand and the Seal of said Court.
James Elliot, Clerk.
Gene. Fletcher Deponent

13968
John Fitch
Windham county
Vermont
Maple Oak Corn Roll R
1 Adonis Mrs Private
As Samuel Elliott Esq New Fane Vermont

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of John Fitch, Windham county, Connecticut,
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enlisted 1751 8 private Capt Downes Col Vose Fishkill New Jersey Head of Elk 68 East Windsor Conn. tradition Witness proves he went into the service  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1852; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
L. B. Bradburn

1910 Oct. 28. Hist. Colton. T. M. Crosby &
Rev. man
13.030
INVALID.
File No. 13.030
John Litch
Prin. Rev. war
Act: June 9th 1832.
Index:—Vol. _____, Page _____
[Arrangement of 1870.]

OFFICE OF CLERK OF COURT, DAKOTA COUNTY, MINNESOTA. JOHN RAETZ, CLERK.
FIRST JUDICIAL DISTRICT, DAKOTA COUNTY, STATE OF MINNESOTA.
JUDGES, HON. F. M. CROSBY, HASTINGS. HON. W. O. WILLISTON, RED WING.
GENERAL TERMS. FIRST TUESDAY IN MAY. FIRST WEDNESDAY AFTER FIRST MONDAY IN NOVEMBER.
HASTINGS, MINN.,
October 21 1910
Commissioner of Pensions, Dear Sir:
John Fitch was granted a pension under the Act of June 7, 1832, when residing in Windham County Vermont.
Will you send me a statement of what the records of your office show with reference to his revolutionary service residence, family etc.
Yours truly F. M. Crosby
OCT 24 1910